Los Angeles daily herald., 1887-08-27
DAILY HERALD.
PERKINS VS.. BALDWIN.
The Hill Of Exceptions Ina tn
Local Cause celebre.

The Hill Of Exceptions in the
Local Cause celcbre.
The attorneys for the defendant in
che case of Louise G. Perkins against
4. j. Baldwin have filed the following
bill Of exceptions in the Superior
Court, the settlement of which will
net be made until September 81
Be it remembered, that heretofore
to wit on Tuesday, August Is, 1887,
this cause came on regularly for trial.
That at said time and before said
cause was set for trial, and before the
empanelling OF jury therein the de-
fendant by his counsel moved the
Court to dismiss said action upon the
ground that the same had, since issue
ioined therein, been settled by the
payment to said plaintiff Of the
sum of $4,000 by the defend
snt, in consi ieration of which
sum the plaintiff at the time executed
and delivered to the defendant a re-
lease in writing, forever releasing,
discharging and acQsitting him from
any and all liability for or on account
of damages claimed by the plaintiff in
said action, and in support OF said
motion defendants counsel thereupon
preeented and read to the court the
following papers, to wit;
Office of f. j. Baldwin,
81 North Spring street,
Los ANGELES, Cal, June 2S, 1887.
Received of E. j. Baldwin the sum
of 500, in full settlement and payment
of all demands, Of whatever nature
and kind, and especially in full set
tlement and payment for or on ac-
count of suit now pending in the
Superior Court of Los Angeles county,
entitled Perkins vs.. Baldwin, apd l
acknowledge that the said Baldwin,
for and in consideration of the afore-
said 500, is acquitted and discharged
from every and all liability for or on
account of damages claimed by me In
said suit. LOUISE G. PERKINS,
Witnesses: A. J. Lucas, David
Dunn, II. A. Unruh.
(Here follows certificate OF William
W. Van Dyke, Clerk of the United
States Circuit Court, to the fact that
H. A. Unruh stated that he was pres
ent when Louise c. Perkins signed the
instrument.)
Los ANGELES, CAL, June 2S, 1887.
Received from H. A. Unruh, on
account of E. j. Baldwin, $4,000, set
element case of Perkins VS.. Baldwin.
L. G. PERKINS.
That the foregoing papers were the
only papers used in the hearing OF
said motion. That thereupon plaint-
IFS counsel admitted the signature of
the plaintiff to said documents was
and is the genuine signature OF the
said plaintiff.
That thereupon plaintiffs counsel
objected to the hearing of said motion
upon the ground that they had re-
ceived no notice thereof, which OBJ
lection was by the court overruled,
and the court proceeded to hear said
motion, and argument being had
thereon, pro and con by the attorneys
Of the respective parties said motion
was submitted to the court, together
with said papers for its consideration
and decision. And thereupon, the court
having considered the same. gave and
entered the following order, to-wit:
"This being the time set for the
hearing of this cause, the same was
duly called. Plaintiff represented by
Stephen M. White, ESQ.,, and w. T.
Williams, Esq. The defendant repre-.
sented by Messrs. Wells, Van Dyke
and Lee. Motion by defendant to
dismiss action, ON the ground that
case had been compromised by both
parties. Written release and receipt
signed by plaintiff presented to the
court in support of motion and read.
Signature admitted to be genuine.
Court ordered recess taken until 2P. M.
TO hear argument. Term trial jurors
excused till BPM
"At p. NJ. the cause resumed, ar
Eument heard and motion denied, to
which ruling defendant objects. Cause
continued till August 18th, 10 A. NJ.
The trial jurors excused till 10 A. NJ,
August II, 1887. To the making of
90 much OF said order as denied de-
fendant's motion to dismiss said action,
the defendant, by his counsel, then
and there duly excepted and still ex-
cepts, and now brings here this his
bill of exceptions, the same having
been filed in due time, and prays that
the same may be settled and allowed
by the Judge of this honorable court"